Culpable homicide should have been Oscar’s charge

Pretoria - Paralympic athlete Oscar Pistorius should have been charged with culpable homicide and not murder, his lawyer argued in the North Gauteng High Court on Friday.

Barry Roux, said the State's version that the athlete made up the fact that he mistook his girlfriend Reeva Steenkamp for an intruder when he shot her dead was not true.

Roux said Pistorius told the first people who arrived on the scene that he thought she was an intruder.

"He repeated that and went into the bail application before seeing the docket", Roux said.

"So on what basis are you saying that he is lying?"

Roux said Pistorius was negligent.

"That is culpable homicide. That is what the case should have been about."

Pistorius is charged with murdering Steenkamp on Valentine's Day last year.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

Failure

Pistorius is also charged with three contraventions of the Firearms Control Act, one of illegal possession of ammunition and two of discharging a firearm in public. He has pleaded not guilty to these charges.

On Friday, Roux said the failure by the State to "leave out" evidence left question marks and could mean that the scene was disturbed.

He said State witnesses admitted that they had tampered with evidence. He showed the court two pictures. In one a hand could be seen holding open the bedroom curtain.

"Why was it necessary to keep it open? Why not take a photograph without someone holding the curtain open to gain a real view?" Roux asked.

He also dealt with a moved multi-plug and showed a photograph taken in the bedroom.

"The unfortunate consequence of that was that Mr Pistorius was cross-examined that there was no place for the multiplug", Roux said.

He argued that they had received a photograph from the State on Wednesday that showed a hand either removing or plugging in a plug.

"Was he putting it in or taking it out? What concerns us is that that photo was in the possession of the State.

"The State must have known about this."

Roux said there was no way the State could argue that the scene was not tampered with.

Abner Mophethe 2014-08-08 11:36:44 AM
Oscar is lucky I'm not a judge yet
Chase Cameron 2014-08-08 11:42:10 AM
I thought his defense was putative self defense??? That's not the same thing as culpable homicide.
Miles Lancmore 2014-08-08 11:46:42 AM
Blade runner on a blade edge!
Andre Van Deventer 2014-08-08 11:47:59 AM
Pray for Oscar, he is going through a tough time. It is not for us to judge, leave that to God!
Tomorrowss Dreamss 2014-08-08 11:48:06 AM
Peace on the outside comes from knowing Jesus Christ from the inside.
John Martin 2014-08-08 11:50:56 AM
On Friday, Roux said the failure by the State to "leave out" evidence left question marks and could mean that the scene was disturbed. He said State witnesses admitted that they had tampered with evidence. THE ABOVE PARAGRAPH is Oscar's case wrapped up and sealed, period. Guilty of culpable homicide, suspended sentence. THE FACT THAT THE STATE ADMITTTED THAT THEY TAMPERED WITH EVIDENCE is a death sentence to the prosecution's case, ask any legal expert!!!!!!!!!!!!!
Motshandi Mochandi607 2014-08-08 11:52:33 AM
I would say that Barry Roux sounds like the Devil’s Advocate. He is more screaming than talking and that’s annoying to a particular extend.
Motshandi Mochandi607 2014-08-08 11:53:23 AM
Barry Roux is totally desperate now, he just said that Pistorius is guilty on the third count (discharging of firearm). "He should never have handled that firearm” he said.
Themba Mzukulwane Ka-Ndlavele Thela 2014-08-08 12:04:22 PM
Money can buy you freedom......
George Nkoe 2014-08-08 12:07:21 PM
let him go to jail he killed her deliberately you can even realise people who testfied against him that he is not having respect for anyone he is full of himself how can you shoot through sunroof after police has just correct you about handling of firearm no mercy from me so now is a time for him to see that disrespect or taking people for granted will result you in faeces situation